Sekar v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-09-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. SEKAR S/o.Arumugam, No.165, Kil Street, Mattavettu Village,Kalasapakkam Taluk, Tiruvannamalai District.
Petitioner(s) Vs
1. The State Rep. by its The Inspector of Police, Kadaladi Police Station, Tiruvannamalai District.
Crime No.238/2025 Respondent(s) PRAYER To enlarge the petitioner on bail in the event of arrest in Crime No.238 of 2025 on the file of the respondent police station and thus render justice. For Petitioner(s):
E.Sathiyaraj M.Dhanalakshmi S.Elvin Niha For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl.side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1), 351(3) of BNS Act (corresponding sections 296(b), 324, 506 of IPC) and section 4 of TNPWH Act in Crime No.238 of 2025, on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity, there arose a wordy quarrel between the petitioners and the defacto complainant, as a result of which, the petitioners attacked the defacto complainant with deadly weapon and caused injuries to him. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) would submit that the injured discharged from the hospital and the petitioner is not having bad antecedents, however, he opposed to grant anticipatory bail to the petitioner.
5. Considering the above fact and circumstances of the case and also considering the fact that the victim discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Kalasapakkam, Tiruvannamalai District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:
(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
26-09-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The District Munsif cum Judicial Magistrate, Kalasapakkam, Tiruvannamalai District.
2.The State Rep. by its The Inspector of Police, Kadaladi Police Station, Tiruvannamalai District.
Crime No.238/2025 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 26597 of 26-09-2025